NY N007292 - COUNTRY OF ORIGIN MARKING OF IMPORTED PUZZLES. - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N007231 - NY N007308 > NY N007292

Previous Ruling Next Ruling
NY N007292

March 8, 2007

MAR-2 RR:E:NC:95:224

CATEGORY: MARKING

Daniel Meylor
Carmichael International
533 Glendale Blvd.
Los Angeles CA 90026

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PUZZLES.

Dear Mr. Meylor:

This is in response to your electronic ruling request dated February 21, 2007, on behalf of Journet Puzzles, Ltd., requesting a ruling on whether the proposed method of marking the container in which the set called a Compendium Box of Puzzles is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported puzzles. A marked sample container was not submitted with your letter for review.

Your letter indicates that ten individual puzzles, recreations of historical puzzles, will be packaged in a storage or inner box which will in turn be packaged in an outer box that serves as the container for retail sale. The individual puzzle pieces are not marked. On the descriptive information side of the inner box there will be a reference to a U.S. locality and the mark “Made in China” in close proximity to the U.S. address. The mark “Made in China” will be printed on the SKU labels located on both the front and side of the outer, retail package.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Compendium Box of Puzzles is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the puzzles by viewing the retail container in which it is packaged, the individual puzzles would be excepted from marking under this provision.

Regarding the marking on the inner box, section 134.46 deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of the set of puzzles called a Compendium Box of Puzzles, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.32(d) and 19 CFR 134.46, and is an acceptable country of origin marking for the imported puzzles. All importations of these puzzles entered for consumption must fully conform to the country of origin marking requirements of the referenced statutes, as set forth in this ruling.

Puzzles identified as the Compendium Box of Puzzles which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the puzzle sets are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported puzzles provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. Additionally, the requirements of 19 CFR 134.46 have been met by the proposed marking of the inner box.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling